December 18th, 2023 at 12:02 am

USCIS Green Card Warning! Deportation for a Green Card Holder | US Immigration

Upon renewing a green card following an arrest or criminal charge, the permanent resident’s record will be reviewed by US Citizenship and Immigration Services (USCIS). Many crimes have the potential to result in deportation, and other crimes can result in an immigrant’s inadmissibility or deportability even in the absence of a conviction.

You should anticipate that USCIS will investigate these law enforcement situations when you apply for or renew a green card. A felony that was not punishable by deportation twenty years ago may now be so due to changes in the USCIS’s approach to certain offenses. Before applying for a renewal of their green card, anyone with a criminal record needs to be aware of their circumstances.

Obligation to Renew/Replace a Green Card

Every time an applicant files Form I-90 to replace their permanent residence card, USIS mandates that the applicant cover the cost of and submit to a criminal background check. Before submitting Form I-90 and other applications for immigration benefits, you must take this into account. However, a permanent resident should not be prevented from obtaining a new or renewed green card due to an arrest.

For practical reasons, a permanent resident over the age of eighteen is required by law to always carry a valid, unexpired green card. It is necessary to have a valid green card to travel overseas, work, and even renew a driver’s license. Ignoring the issue won’t cause it to go away.

What Happens at a Biometrics Appointment

The applicant will receive an appointment notice from USCIS via mail a few weeks after submitting Form I-90. The notification gives the time, date, and place of the biometrics appointment. To get the permanent residents’ fingerprints and photos, the biometrics appointment takes about 15 to 20 minutes.

The USCIS will perform a criminal history check in addition to using the biometrics to create a new green card. The fingerprints and identity of the applicant will be forwarded to the FBI by USCIS. The FBI will compare the data to databases maintained by various law enforcement organizations.

If the applicant has a criminal history or a history of immigration infractions, USCIS will be able to find out. Before applying for the renewal of their Green Card, anyone who thinks they might have a criminal background should speak with an immigration counsel. A copy of the applicant’s arrest record can be obtained beforehand, and an attorney can guide them through the procedure. An attorney might be able to get a waiver or have the record expunged, depending on the details.

Types of Deportable Crimes

A long list of crimes that result in deportation can be found in the Immigration and Nationality Act (INA). It is not as easy as stating that a green card holder who commits a criminal would be deported. According to the INA, a crime that is deemed a felony in one jurisdiction might not be a criminal that can result in deportation. However, a crime that the state views as only a misdemeanor may be subject to deportation upon examination by USCIS.

The following offenses could result in deportation when renewing a green card following an arrest:

1. An aggravated felony: a morally repugnant act committed within five years after obtaining a green card.
2. Anytime deportable offenses, such as crimes involving sex, drugs, domestic abuse, weapons offenses, or fraud

This is merely an overview to determine whether a certain offense qualifies An accomplished and seasoned lawyer is necessary when dealing with an aggravated offense.

Aggravated Felony Explained

The Immigration and Nationality Act defines and uses the word “aggravated felony,” however it is frequently quite confusing. Crimes that are neither aggravated nor felonies are included in the INA’s definition of an aggravated felony. Deportations have resulted from convictions for serious felonies in cases involving misdemeanors or other offenses not prosecuted as felonies in the state in question.

Compared to most state criminal statutes, the definition of an aggravated felony in immigration law is far broader. Either Section 110A (43) of the US law or Section 101A (43) of the INA contains the definition. The following are listed as aggravated felonies in the definition:

• Murder
• Rape or sexual abuse of a minor
• Illicit trafficking in a controlled substance
• Also, illicit trade in explosives, dangerous equipment, and firearms
• Additionally, using monies obtained from particular illegal activities for financial gain or, if the sum exceeds $10,000, money laundering
• Besides that, crimes of explosives or a crime involving firearms
• Moreover, a violent felony carries a minimum one-year jail sentence, excepting only for political offenses
• Theft, including receiving stolen items, and burglary (if the sentence included at least a year in jail)
• Kidnapping someone and demanding or accepting ransom
• In addition, juvenile pornography
• Similarly, gambling or racketeering (where there was a possibility of receiving a sentence of at least one year in jail)
• Likewise, being the owner, operator, manager, or overseer of a prostitution enterprise
• Prostitution-related transportation (whether done for profit or as child labor)
• Involuntary slavery or human trafficking
• Aside from that, obtaining or sending data related to national defense
• In a similar vein, divulgence of sensitive data
• Treasonous sabotage or jeopardizing undercover intelligence agents’ identities
• Fraud or deception when the victim or victims lose more than $10,000, or tax evasion when the government loses more than $110,000 in revenue
• Furthermore, alien smuggling, except for a first crime for which the alien has expressly stated that they intend to help themselves, their spouse, their child, or their parent alone.
• Lastly, an alien who was previously deported due to an aggravated felony conviction entering the country lawfully

Additional Crimes

• Falsely creating, forging, counterfeiting, mutilating, or altering a passport or other instrument document fraud, for which there is a minimum 12-month jail sentence; however, if this is an alien’s first offense and they have demonstrated that the offense was committed to help, abet, or assist themselves, their spouse, child, or parent, and no one else,
• Also, not showing up to serve out a sentence (if the original offense carries a five-year or longer jail sentence)
• Besides that, commercial bribery, vehicle trafficking, counterfeiting, or forging
• In addition, perjury, obstruction of justice, or subordination of perjury or bribery of a witness for which a minimum of one year in jail is imposed
• Similarly, not showing up in court as required by a court order to address a felony charge for which a penalty of at least two years in prison may be imposed
• Above all, an endeavor or collusion to perpetrate a severe criminal offense

Overview of Aggravated Felonies

There is also a summary of serious felonies accessible. According to the American Immigration Council, there may be grounds for denial of a green card renewal and the initiation of a removal proceeding if the applicant is arrested for a drug crime, found guilty of a controlled substance offense, or is involved in a crime involving drugs or drug paraphernalia (apart from simple possession of less than 30 grams of marijuana).

Immigration law handles the offense differently, even if the state views it as a misdemeanor. Even though having less than 30 grams of marijuana on one’s person does not automatically make one ineligible for a green card renewal or removal, it can lead to inadmissibility. When a permanent resident attempts to re-enter the country after traveling elsewhere, they could be declared ineligible.

Before departing, the permanent resident should consult with legal counsel to see whether a waiver of inadmissibility is required.

Renewing a Green Card after an Expunged or Vacated Conviction

Convictions vacated and expunged may occasionally qualify as convictions for immigration purposes. Holding oneself out as a citizen of the United States, even merely on a job application, where there is reason to believe a non-citizen was or is a trafficker in controlled substances, immigration fraud, and marriage fraud are examples of certain criminal activity that can make a person deportable or inadmissible without a conviction.

After an arrest, the straightforward process of renewing a green card can reveal major issues for the applicant. Recognize that depending on the nature of the offense, your arrest may or may not impact your immigration status. Before submitting any USCIS immigration forms, anyone previously arrested should speak with a knowledgeable immigration counsel.